HomeMy WebLinkAboutRes 2026-045
Resolution No. 2026-045
A Resolution of The City Council of The City of Palm Desert,
California, Approving the Engineer’s Report and Ordering the Levy
and Collection of Assessments within City of Palm Desert Benefit
Assessment District No. 1 for Fiscal Year 2026/2027, Pursuant to
the Provisions of the Benefit Assessment Act of 1982
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") does resolve as follows:
Whereas, the City Council has, by previous resolutions, declared its intention to
levy assessments for City of Palm Desert Benefit Assessment District No. 1 (hereafter
referred to as the “District”); and
Whereas, the engineer selected by the City Council has prepared and filed with
the City Clerk, and the City Clerk has presented to the City Council the “2026/2027
Engineer’s Report” (hereafter referred to as the “Report”). This Report describes the
assessments against the parcels of land within the District for the fiscal year
commencing July 1, 2026 and ending June 30, 2027, that pay for the maintenance,
operation, and servicing of improvements and facilities related thereto; and
Whereas, the City Council has carefully examined and reviewed the Report, as
presented, and is satisfied with the items and documents, as set forth therein, and finds
that the levy of assessments has been spread in accordance with the special benefits
that will be received from the improvements, operation, maintenance, and services to be
performed, as set forth in the Report in compliance with article XIII D of the California
Constitution; and
Whereas, the City Council wishes to levy and collect assessments against
parcels of land within the District for the fiscal year commencing July 1, 202 6 and ending
June 30, 2027, in order to pay for the costs and expenses of operating, maintaining, and
servicing the improvements and appurtenant facilities located within the District.
Now, therefore, be it resolved, determined, and ordered by the City Council of the City of
Palm Desert, California, as follows:
Section 1. Recitals.
The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Fair Public Hearing.
Following notice duly given, the City Council has held a full and fair public hearing
regarding the District, the levy and collection of assessments, and the Report prepared
in connection therewith and has considered any oral and written statements, protests,
and communications that interested persons have made or filed regarding these
matters.
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Section 3. Property Owner Approval.
The City Council finds that the record owners of property within the District previously
approved the continued levy and collection of assessments through property owner
balloting proceedings and that the proposed assessment for fiscal year 202 6/2027 is
consistent with the assessments so approved.
Section 4. City Council Findings.
Based upon the Report, which is hereby approved and ordered to be filed in the Office
of the City Clerk as a permanent record that will be open to public inspection, the City
Council hereby finds and determines that:
A. The land and eligible parcels within District boundaries will receive a particular
and distinct benefit over and above general benefits that are conferred on real
property that is located in the District or to the public at large from the operation,
maintenance, and servicing of the improvements and appurtenant facilities that
are identified in the Report (hereafter referred to as “Special Benefit”); and
B. The District includes the lands and parcels that receive a Special Benefit; and .
C. The net amount to be assessed upon the lands within the District is in
accordance with and apportioned by a formula and by a method that distributes
the net amount fairly among eligible parcels, in proportion to the Special Benefit
that each parcel will receive from the improvements and services for the fiscal
year commencing July 1, 2026 and ending June 30, 2027
Section 5. Constitutional Compliance.
The Report and the assessment, as presented to the City Council and as on file with the
Office of the City Clerk, comply with the applicable provisions of California State
Constitution article XIII D and are hereby confirmed as filed.
Section 6. Improvements Ordered.
The maintenance, operation, and servicing of the improvements will be performed,
pursuant to the provisions of the Benefit Assessment Act of 1982, title 5, division 2, part
1, chapter 6.4 of the California Government Code, commencing with section 54703
(hereafter referred to as the "Act"). The City Council hereby orders the proposed
improvements to be made. These improvements are briefly described as the operation,
maintenance, servicing, and administration of the improvements and incidental expenses
related thereto for the District, which is located within the boundaries of the City of Palm
Desert and within the jurisdiction of the City Council. A more detailed description of the
improvements is contained within the Report, but the improvements and facilities can be
classified within the following general category:
A. Installation, construction, or maintenance of any authorized improvements
under the Act, including, but not limited to, drainage improvements and any
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facilities that are appurtenant to any of the aforementioned, or which are
necessary or convenient for the maintenance or servicing thereof.
Section 7. County Collection of Levy.
The County Auditor/Controller of Riverside County (hereafter the “County”) will enter on
the County Assessment Roll, opposite each eligible parcel of land, the amount of levy.
The levy will be collected at the same time and in the same manner as County taxes are
collected. After the County collects the levy, the net amount of the levy will b e paid to
the Treasurer of the City of Palm Desert.
Section 8. Restricted Use of Assessments.
The City Treasurer will deposit all money representing assessments that the County has
collected for the District, into a District fund. This money will be expended only for the
maintenance, operation, and servicing of improvements as described in section 6.
Section 9. Adoption District Levy.
The adoption of this resolution constitutes the District levy for the Fiscal Year
commencing July 1, 2026 and ending June 30, 2027.
Section 10. Direction to City Clerk.
The City Clerk, or his or her designee, is hereby authorized and directed to file the levy
with the County upon the adoption of this resolution.
Section 11. Public Inspection.
A copy of the levy will be filed in the Office of the City Clerk and will be open to public
inspection.
Section 12. Effective Date.
This Resolution shall become effective immediately upon its adoption.
Adopted on July 9, 2026.
___________________________
Evan Trubee
Mayor
Attest:
____________________________
Anthony J. Mejia
City Clerk
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Resolution No. 2026-045 Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2026-045 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on July 9, 2026, by the
following vote:
Ayes: Harnik, Moreno, Nestande, Pradetto, and Trubee
Noes: None
Absent: None
Abstain: None
Recused: None
In witness whereof, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on ___________________.
___________________________
Anthony J. Mejia
City Clerk
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7/10/2026